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1965-178NO. 901. RESOLUTION NO. 65R 178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT, TO WIT: THE IMPROVEMEN OF SAVANNA STREET, FROM KNOTr 'AVENUE 1330 FEET WEST OF KNOTT AVENUE IN THE CITY OF ANAHEIM JOB WHEREAS, the City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circulated in the City of Anaheim, to wit: The Anaheim Bulletin, on the 15th and 22nd days of October 19 64 notice inviting sealed proposals for urnis ing t e following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the following public improvement, to wit: The Improvement of Savanna Street, from Knott Avenue to approxi- mately 1330 feet west of Knott Avenue, in the City of Anaheim, consisting of excavation, including embankment, haulaway and disposal; construction of asphalt concrete pavement, aggre- gate base, Portland Cement Concrete curb and gutter, sidewalk and driveways; adjustment of manholes and water valve boxes to grade; removal and relocation of an irrigation line, and appurtenant work as more particularly set forth in the plans and specifications on file in the Office of the City Clerk or City Engineer, Job No. 901. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De artment and the notice inviting sealed proposals, w is sai notice specified that sealed proposals as specified in said notice would be received up until 2 :00 o'clock P.M. of the 29th day of October 19 64 and which said notice did state and Zeclare t� pursuant to the provisions of Section 1770 of the Labor Code, the City Council of the City of Anaheim had ascer- tained the prevailing rate of wages for each type of labor needed to execute said contract, and did state that the prevailing hourly wage scale so ascertained was on file in the Office of the City Clerk; and WHEREAS, on October 29 19 64 at the hour of 2:00 o'clock P.M., the City Clerk and the City Engineer of the City of Anaheim did open said sealed propoaals received up to that time for the furnishing of all plant, tabor, services, materials and equipment, and all utilities and transportation, in- cluding polver, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings there- for on file in the Office of the City Clerk of the City of Lnaheim, the public improvement hereinabove more particularly described and set forth, in public, in the ;ity Council Chamber in the City Hall, Anaheim, California, and the 'ity Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting; and 0HERFAS, the City Council of the City of Anaheim did, at its next regular meeting, held on the 4th day of November 19 64 at the hour of 1 7 clock P.M., consider the sealed proposals submitted for furnishing the materials and performing the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by LOMAR DEVELOPERS INC. 700 5th Street, Huntington Beach California for the construction, installation and completion of said improvement of Savanna Street, from Knott Ave. to approx 1330' west of Knott Ave., Job No. 901, hereinabove mentioned and described, was the lowest responsible pro- posal submitted therefor, and thereupon accepted said bid and did award a contract to said LOMAR DEVELOPERS, INC. for furnishing all plant, labor, ser- vices, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans and drawings, the said pub- lic improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with LOMAR DEVELOPERS, INC. which said contract was duly made and entered into on the 5th day of November 19 64 and WHEREAS, the said LOMAR DEVELOPERS INC. has furnished all plant, labor, ser- vices, materials and equipment and all utilities and transportation, and performed all work necessary for the construction and completion, in a good and workmanlike manner, in strict accordance with the speci- fications, plans and drawings of said public improvement as specified in the notice inviting sealed proposals and in the detailed designs, plans, drawings, and specifications prepared by the Public Works Department and the contract made and entered into with It_ by City of Anaheim; and WHEREAS, the Director of Public Works has duly certified to the construction and comp etion of said public improve- ment hereinabove mentioned and described, in accordance with the plans and specifications and the contract documents duly made and entered into with said LOMAR DEVELOPERS INC. WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particularly des- cribed in accordance with the provisions of the contract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. 9th NOW, THEREFORE, BE IT RESOLVED uy the City Council of the City of Anaheim that all plant, labor, seriee,4, natnrials and equipment and all utilities and transportation, and the per- formance of all work necessary to construct, ir and compleLe, in a good and workmanlike manner, in strict accordance wirh the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement hereinabove more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby acce subject, nevertheless, to all the terms, conditions and provisions of the contract documents, and the balance due said contractor for said work be paid to it thirty-five (35.1 days from and after final acceptance of said work as evidenced by the adoption of this resolution, but not sooner than thirty 00) days after the date of the filing of notice of completion, excepting only sach sum or sums as may lawfully be withheld in accordance with the provisions of said contract and contract documents. That acceptance by the con- tractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its officers, agents and employees from all claims and liabilities due the contractor for anything done or furnished or with or for anything relating to the work or any act or neglect of the City, its officers, agents and employees, excepting only claims against the City for any amounts withheld by the City at the time of such payment AND BE IT FURTHER RESOLVED that the Kayor and the City Clerl of the City of Anaheim be, and they are hereby authorized to execute and file a notice of completion of said work as re4 by law. THE FOREGOING RESOLUTION is approved and signed by me this day of March 19 65 ATTEST DENE M. WILLIAMS, CITY CLERK BY Ce:4 it=4:4z, DEPUTY CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM (SEAL) ss. 1, DtNt M. WILLIAMS Anaheim, do hereby certify t at the duced and adopted at a law of the City Council of the City day of March 1965. COUNCILMEN Pebley, Dutton, Schutte, Krein and Chandler AYES NOES COUNCILYIN None ABSENT COUNCILMEN?, None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of March IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of March 19 65 ANAHEIM City Clerk of the City of foregoing resolution was intro regular meeting provided by of Anaheim, held on the 9th DENE M. WILLIAMS, CITY CLERK CITY CLERK OF THE CITY OF ANAHEIM